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Monday, December 31, 2012

Chandigarh, December 30While the Ministry of Defence has finally issued much awaited instructions for implementation of the S C order
correcting that rank pay anomaly that arose consequent to the implementation of
the Fourth Pay Commission, veterans have pointed out a twist in the instructions
that makes the apex court’s orders largely redundant.

Not only do the instructions give pay scale upgradation of armed forces
officers the go-by, but also leave out re-fixation of pensions of those who
retired before Jan 86 as well as consequential benefits for all officers
arising out of the implementation of the fifth and sixth pay commissions.
Veterans estimate that the new instructions, issued on Friday, are applicable
to only about 20,000 officers who were holding the rank of captain to brigadier
as on January 1, 1986, where as it should have covered over 80,000 officers,
pensioners and widows had the court order been implemented in its letter and
spirit.
The SC had in 2010 ruled that rank pay, first introduced by the Fourth Pay
Commission, is to be included as part of basic pay for the purpose of
calculating emoluments, allowances & benefits. Contrary to the
recommendations, the orders issued for implementation of 4th Pay
Commission had deducted rank pay from basic pay, causing financial loss to
officers. A similar anomaly arose after the fifth pay commission too. An
application by the Union of India before the SC to recall its order
was rejected on September 4, 2012. The court had ordered re-fixation of pay
“with effect from January 1, 1986.”
By the MoD’s own affidavits and submissions, the implementation of the
judgment would involve re-fixing of not only the Fourth Pay Commission but would
affect 5th and 6th pay commissions. The MoD also maintained that it
would alter payment of all consequential and resultant benefits of officers and
their families wherever applicable. Further in a recently filed affidavit
seeking extension of time for implementation of the judgment, the MoD had stated
that the judgment related to three successive pay commissions and also affected
the benefits of officers who had retired prior to 1986.
While the court had ordered re-fixation of scales with effect from January 1,
1986, Para 6 of the MoD instructions issued yesterday grants the benefits to
officers “as on 01-01-1986.” “This subtle variation makes world of a difference. The judgment, which was
to have a cascading effect on the fixation of pay and pay-scales after January
1, 1986, that is with effect from the fourth pay commission, continuing till
date, has been effectively rendered applicable only for those persons who were
in receipt of rank pay as on January 1, 1986,” a high court lawyer dealing with
service matters pointed out. (Source- The tribune)

Wednesday, December 19, 2012

Defence minister A K Antony on Tuesday said order for implementation of the recently-announced Rs 2,300 crore pension package for ex-servicemen and their families will be issued next month. Addressing the parliamentary consultative committee on defence,Antony said this was the third time in the last four years that the government had systematically improved the post-retirement benefits for ex-servicemen.

Ex-servicemen, however, are angry with the government for trying to project the Rs 2,300-crore pension package as the fulfillment of their long-pending demand for one-rank,one-pension (OROP), which basically means payment of uniform pension to personnel retiring in the same rank with the same length of service irrespective of their date of retirement.

The minister described the twin tasks of improving pension and medical benefits for ex-servicemen as subjects of prime concern and an ongoing process.

Tuesday, December 18, 2012

Defence Minister Shri AK Antony today said that the orders on OROP that authorize the payment to ex-servicemen and their families accruing from the recent cabinet decisions, hiking pension and other benefits amounting to nearly Rs.2300 crores per annum, would be issued next month. He said that the tasks of improving the pensionary and medical benefits for ex-servicemen as ‘subjects of prime concern’ and ‘is an ongoing process

The minister was addressing a meeting of the Consultative Committee attached to the Ministry. He said this is the third time in the last four years that the Government have systematically improved the post-retirement benefits for ex-servicemen. Outlining the slew of measures taken by the MoD for improving the health care benefits of ex-servicemen, Shri Antony said the Government has been trying to expand the delivery mechanism and simplify procedures so that the ex-servicemen, who have given their best years of life for the security of the nation, get the required medical benefits without hassles.

He said under the Ex-servicemen Contributory Health Scheme (ECHS), which has been in operation since April 2003, 227 polyclinics were initially approved by the Government. In 2010, another 199 polyclinics were sanctioned by the Government out of which 99 polyclinics have become functional and 100 polyclinics are under various stages of operationalization. The scheme is presently been implemented to 326 functional polyclinics. At present, the scheme has over 41 lakh beneficiaries including 13 lakh ex-servicemen and over 28 lakh dependents. The reach and coverage of the scheme is evident from the fact that in 2011-12, 90 lakh patients were attended to at the polyclinics. Shri Antony expressed confidence that with the commissioning of the remaining polyclinics the bulk of the ex-servicemen population throughout the country would be covered by the scheme.

Shri Antony said there is still a long way to go as presently, ECHS facilities are available only in 339 districts out of a total of 659 in the country. The delivery of medicare at polyclinics is also hampered by the shortage of staff and non-availability of the prescribed medicines.

Taking part in the discussion, the Members of Parliament urged the Government to prepare a roadmap to ensure that medical facilities are available to ex-servicemen in every district of the country. They also called for greater transparency in the process. Some Members pointed out that there is inordinate delay in settling the bills of private hospitals which should be ameliorated through technological means. Taking note of the rapid growth of healthcare facilities in the private sector in recent years and the innovative steps taken by some organizations and hospitals, the Members suggested that the Government should adopt the best practices readily available outside the government sector rather than handling the situation in a conservative fashion which is neither efficient nor cost-effective.

Replying to some of the queries of the Members, the Minister of State for Defence Shri Jitendra Singh said the government is veering towards a ‘dashboard approach’ so that the healthcare mechanisms can be monitored online on a day-to-day basis by the administrators. He said the government’s efforts will always be to put a smile on the face of the ex-servicemen because they deserve it.

Friday, December 14, 2012

The below information was given by the Minister of Defence Shri.A.K.Antony in a written reply in Rajaya Sabha regarding the subject of URC in the entire nation as follows...

There are approximately 3730 Unit Run Canteens (URCs) in different States registered with Canteen Stores Department (CSD). Details of the URCs set up in different states is annexed as Appendix.

The URCs are run under the arrangement of the units/formations of Defence Services. They procure items from CSD to sell them to service personnel with a moderate profit.

In the Performance Audit of CSD conducted by C&AG, a recommendation has been made that the URCs should be regarded as retail outlets, integral to CSD. The report of C&AG is under examination of PAC.

APPENDIX IN RESPECT OF PART (a) OF RAJYA SABHA STARRED QUESTION NO. 22 FOR 23.11.2011 REGARDING UNIT RUN CANTEENS UNDER CSD.

List of Unit Run Canteens (URCs) set up in various States:

Sl. No.

State

Number of URCs

1.

Andaman & Nicobar Islands

25

2.

Andhra Pradesh

129

3.

Arunachal Pradesh

95

4.

Assam

210

5.

Bihar

19

6.

Chandigarh

27

7.

Chhattisgarh

03

8.

Delhi

127

9.

Goa

10

10.

Gujarat

75

11.

Haryana

141

12.

Himachal Pradesh

82

13.

Jammu & Kashmir

673

14.

Jharkhand

33

15.

Karnataka

72

16.

Kerala

31

17.

Madhya Pradesh

118

18.

Maharashtra

224

19.

Manipur

51

20.

Meghalaya

29

21.

Mizoram

07

22.

Nagaland

60

23.

Orissa

22

24.

Punjab

389

25.

Rajasthan

287

26.

Sikkim

44

27.

Tamil Nadu

78

28.

Tripura

20

29.

Uttar Pradesh

317

30.

Uttrakhand

151

31.

West Bengal

181

Total

3730

Note: The number of URCs is a dynamic one. Over a period of time, many URCs get disbanded, merged or become inactive. The number of URCs (3730) as given above are the active URCs, presently drawing stores from 34 CSD Area Depot.

Based on Kerala High Cour Order dated 05.10.1998, Ministry of Defence has ordered that affected officers of the armed forces in conformity with the orders of the Kerala High Court order dated 5.10.1998 in the case of Maj A.K.Dhanapalan versus Union of India & other should be given revised pay without deduction of rank with effect from 01.01.1986.

In accordance with the recommendations of the 4th Pay commission and the Govt. decision thereon, as promulgated under Gazette of India (Extra ordinary) Notification No 91 dated 18.3.1987, officers of the Army. Navy and Air Force were granted an integrated pay in the scale of Rs.2300-100- 3900-150- 5100. ..In addition to the pay in the integrated scale as above, Rank Pay for Captain, Major, Lt Colonel, Colonel and Brigadier and equivalent in the Navy and Air Force, were also granted @ Rs.200/-, 600/- , 800/-, 1000/-, and Rs. 1200/- PM respectively. .Although the Rank Pay was sanctioned in addition to the basic pay, while fixing the pay in the integrated scale: an amount equal to the Rank Pay was deducted from the total emoluments and the pay was fixed. This has resulted in heavy financial loss to the officers which have also cumulative effect on pay, D.A. Pension, Gratuity, etc. Having failed to get a proper consideration of the ease, Major A.K.Dhanapalan, now retired had approached the Honâ€™ble High Court or Kerala for justice. in the case or Major A.K Dhanapalan Vs Union of India in O.P 2448/96, the Honâ€™ble High Court of Kerala was pleased to allow the plea of the officer and held that the deduction of the Rank Pay from basic pay is NOT correct and directed to re-fix the Basic Pay with effect from 1.1.1986..However the Union of India preferred an appeal before the larger Bench of the High Court against the judgment. Larger bench of High Court has been pleased to dismiss the appeal but the Union of India again filed an SLP in the Honâ€™ble Supreme Court of India. This appeal was also dismissed on 10-7-05..Officers (Serving/Retired) of the Armed Forces who were in service on 1-1-86 in the Rank of Captain, Major, Lt Col, Colonel, Brigadier are affected by the above judgment. According to the judgment, Pay of Major A.K Dhanapalan has been re-fixed with effect from 1-1-86 and Govt. sanction for payment of arrears was issued, whereas the benefit has not been extended to other similarly placed Officers of the Army, Navy & Air Force. This is injustice to the affected Officers of the Army, Navy and Air Force. Officers are eligible to receive minimum* arrears after re-fixation as

Captain and Equivalent Rs. 55,000/.

Major and Equivalent Rs. 1,50,000/.

Lt Colonel and Equivalent Rs. 2,00,000/-.

Colonel and Equivalent Rs. 2,50,000/-.

Brigadier and Equivalent Rs. 3,30,000/-.

============================================================

No. 34(6)/2012-D(Pay/Services)

Government of India

Ministry of Defence

New Delhi, the 26th November, 2012

To

The Chief of Army Staff The Chief of Air Staff The Chief of Naval Staff

In compliance of the Supreme Court order dated 4.9.2012 on the above subject. I am directed to convey that the Government of India has decided to refix the pay without deduction of rank pay w.e.f. 1.1.1986 in respect of the affected officers of the armed forces in conformity with the orders of the Kerala High Court order dated 5.10.1998 in the case of Maj A.K.Dhanapalan versus Union of India & others.

2. Instructions regarding the modalities and methodology of payment to the affected officers of the armed forces and the provisioning of funds for the same are being issued separately in consultation with Service Hqrs, CGDA, Defence (Finance) and Ministry of Finance.

3. This issues with the concurrence of Ministry of Defence (Finance) vide their Dy. No.5554/FA/DS dated 23.11.2012.

No.19(9)/2012/D(Lab)
Government of India
Ministry of Defence
New Delhi, the 8th Aug, 2012.
Subject: Review of three years time limit for making compassionate appointment.
The undersigned is directed to say that the Hon’ble CAT Allahabad Bench has quashed the three year time limit of offer of appointment on compassionate grounds vide Department of Personnel and Training OM. No. 14014/19/2002/ Estt(D) dated 5.5.2003.
The Writ Petition filed against the Order was also dismissed on 7.5.2010. The Department of Personnel and Training has re-examined the above Judgement in consultation with Ministry of Law and has decided to withdraw the instruction contained in OM dated 5.5.2003 referred to above. Accordingly DoP&T OM. No. F.No. 14014/3/2011-Estt(D) dated 26.7.2012 (copy enclosed) is circulated for information, compliance, guidance and/ necessary action.
End: as above.
sd/-
(K.K. Daimary)
Under Secretary to the Govt of India.
(Source: www.cgda.nic.in)
==================================================================
SCHEME FOR COMPASSIONATE APPOINTMENT
1. OBJECT
The object of the Scheme is to grant appointment on compassionate grounds to a dependent family member of a Government servant dying in harness or who is retired on medical grounds, thereby leaving his family in penury and without any means of livelihood, to relieve the family of the Government servant concerned from financial destitution and to help it get over the emergency.
2. TO WHOM APPLICABLE
To a dependent family member –-
(A) of a Government servant who –-
(a) dies while in service (including death by suicide); or
(b) is retired on medical grounds under Rule 2 of the CCS (Medical Examination) Rules 1957 or the corresponding provision in the Central Civil Service Regulations before attaining the age of 55 years (57 years for Group ‘D’ Government servants); or
(c) is retired on medical grounds under Rule 38 of the CCS(Pension) Rules, 1972 or the corresponding provision in the Central Civil Service Regulations before attaining the age of 55 years (57 years for Group ‘D’ Government servants); or
(B) of a member of the Armed Forces who –
(a) dies during service; or
(b) is killed in action; or
(c) is medically boarded out and is unfit for civil employment.
Note I "Dependent Family Member" means:
(a) spouse; or
(b) son (including adopted son); or
(c) daughter (including adopted daughter); or
(d) brother or sister in the case of unmarried Government servant or
(e) member of the Armed Forces referred to in (A) or (B) of this para,
-- who was wholly dependent on the Government servant/ member of the Armed Forces at the time of his death in harness or retirement on medical grounds, as the case may be.
Note II "Government servant" for the purpose of these instructions means a Government servant appointed on regular basis and not one working on daily wage or casual or apprentice or ad-hoc or contract or re-employment basis.
Note III "Confirmed work-charged staff" will also be covered by the term ‘Government servant’ mentioned in Note III above.
Note IV "Service" includes extension in service (but not re-employment) after attaining the normal age of retirement in a civil post.
Note V "Re-employment" does not include employment of ex-serviceman before the normal age of retirement in a civil post.
3. AUTHORITY COMPETENT TO MAKE COMPASSIONATE APPOINTMENT
(a) Joint Secretary incharge of administration in the Ministry/Department concerned.
(b) Head of the Department under the Supplementary Rule 2(10) in the case of attached and subordinate offices.
(c) Secretary in the Ministry/Department concerned in special types of cases.
4. POSTS TO WHICH SUCH APPOINTMENTS CAN BE MADE
Group ‘C’ or Group ‘D’ posts against the direct recruitment quota.
5. ELIGIBILITY
(a) The family is indigent and deserves immediate assistance for relief from financial destitution; and
(b) Applicant for compassionate appointment should be eligible and suitable for the post in all respects
under the provisions of the relevant Recruitment Rules.
6. A. EXEMPTIONS
Compassionate appointments are exempted from observance of the following requirements:-
(a) Recruitment procedure i.e. without the agency of the Staff Selection Commission or the Employment Exchange.
(b) Clearance from the Surplus Cell of the Department of Personnel and Training/ Directorate General of Employment and Training.
(c) The ban orders on filling up of posts issued by the Ministry of Finance (Department of Expenditure).
B. RELAXATIONS
(a) Upper age limit could be relaxed wherever found to be necessary. The lower age limit should, however, in no case be relaxed below 18 years of age.
Note I Age eligibility shall be determined with reference to the date of application and not the date of appointment;
Note II Authority competent to take a final decision for making compassionate appointment in a case shall be competent to grant relaxation of upper age limit also for making such appointment.
(b) Secretary in the Ministry/Department concerned is competent to relax temporarily educational qualifications as prescribed in the relevant recruitment rules in the case of appointment at the lowest level e.g. Group ‘D’ or Lower Division Clerk post, in exceptional circumstances where the condition of the family is very hard provided there is no vacancy meant for compassionate appointment in a post for which the dependent family member in question is educationally qualified. Such relaxation will be permitted upto a period of two years beyond which no relaxation of educational qualifications will be admissible and the services of the person concerned, if still unqualified, are liable to be terminated.
Note In the case of an attached/subordinate office, the Secretary in the concerned administrative Ministry/Department shall be the competent authority for this purpose.
(c) In the matter of exemption from the requirement of passing the typing test those appointed on compassionate grounds to the post of Lower Division Clerk will be governed by the general orders issued in this regard:-
(i) by the CS Division of the Department of Personnel and Training if the post is included in the Central Secretariat Clerical Service; or
(ii) by the Establishment Division of the Department of Personnel and Training if the post is not included in the Central Secretariat Clerical Service.
(d) Where a widow is appointed on compassionate ground to a Group ‘D’ post, she will be exempted from the requirement of possessing the educational qualifications prescribed in the relevant rules provided the duties of the post can be satisfactorily performed by her without possessing such educational qualifications.
7. DETERMINATION/AVAILABILITY OF VACANCIES
(a) Appointment on compassionate grounds should be made only on regular basis and that too only if regular vacancies meant for that purpose are available.
(b) Compassionate appointments can be made upto a maximum of 5% of vacancies falling under direct recruitment quota in any Group ‘C’ or ‘D’ post. The appointing authority may hold back upto 5% of vacancies in the aforesaid categories to be filled by direct recruitment through Staff Selection Commission or otherwise so as to fill such vacancies by appointment on compassionate grounds. A person selected for appointment on compassionate grounds should be adjusted in the recruitment roster against the appropriate category viz SC/ST/ OBC/General depending upon the category to which he belongs. For example, if he belongs to SC category he will be adjusted against the SC reservation point, if he is ST/OBC he will be adjusted against ST/OBC point and if he belongs to General category he will be adjusted against the vacancy point meant for General category.
(c) While the ceiling of 5% for making compassionate appointment against regular vacancies should not be circumvented by making appointment of dependent family member of Government servant on casual/daily wage/ad-hoc/contract basis against regular vacancies, there is no bar to considering him for such appointment if he is eligible as per the normal rules/orders governing such appointments
(d) The ceiling of 5% of direct recruitment vacancies for making compassionate appointment should not be exceeded by utilising any other vacancy e.g. sports quota vacancy.
(e) Employment under the scheme is not confined to the Ministry/ Department/Office in which deceased/medically retired Government servant had been working. Such an appointment can be given anywhere under the Government of India depending upon availability of a suitable vacancy meant for the purpose of compassionate appointment.
(f) If sufficient vacancies are not available in any particular office to accommodate the persons in the waiting list for compassionate appointment, it is open to the administrative Ministry/Department/ Office to take up the matter with other Ministries/Departments/Offices of the Government of India to provide at an early date appointment on compassionate grounds to those in the waiting list.
8. BELATED REQUESTS FOR COMPASSIONATE APPOINTMENT
(a) Ministries/Departments can consider requests for compassionate appointment even where the death or retirement on medical grounds of a Government servant took place long back, say five years or so. While considering such belated requests it should, however, be kept in view that the concept of compassionate appointment is largely related to the need for immediate assistance to the family of the Government servant in order to relieve it from economic distress. The very fact that the family has been able to manage somehow all these years should normally be taken as adequate proof that the family had some dependable means of subsistence. Therefore, examination of such cases would call for a great deal of circumspection. The decision to make appointment on compassionate grounds in such cases may, therefore, be taken only at the level of the Secretary of the Department/Ministry concerned.
(b) Whether a request for compassionate appointment is belated or not may be decided with reference to the date of death or retirement on medical ground of a Government servant and not the age of the applicant at the time of consideration.
9. WIDOW APPOINTED ON COMPASSIONATE GROUNDS GETTING REMARRIED
A widow appointed on compassionate grounds will be allowed to continue in service even after re-marriage.
10. WHERE THERE IS AN EARNING MEMBER
(a) In deserving cases even where there is already an earning member in the family, a dependent family member may be considered for compassionate appointment with prior approval of the Secretary of the Department/Ministry concerned who, before approving such appointment, will satisfy himself that grant of compassionate appointment is justified having regard to number of dependents, assets and liabilities left by the Government servant, income of the earning member as also his liabilities including the fact that the earning member is residing with the family of the Government servant and whether he should not be a source of support to other members of the family.
(b) In cases where any member of the family of the deceased or medically retired Government servant is already in employment and is not supporting the other members of the family of the Government servant, extreme caution has to be observed in ascertaining the economic distress of the members of the family of the Government servant so that the facility of appointment on compassionate ground is not circumvented and misused by putting forward the ground that the member of the family already employed is not supporting the family.
11. MISSING GOVERNMENT SERVANT
Cases of missing Government servants are also covered under the scheme for compassionate appointment subject to the following conditions:-
(a) A request to grant the benefit of compassionate appointment can be considered only after a lapse of at least 2 years from the date from which the Government servant has been missing, provided that:
(i) an FIR to this effect has been lodged with the Police,
(ii) the missing person is not traceable, and
(iii) the competent authority feels that the case is genuine;
(b) This benefit will not be applicable to the case of a Government servant:-
(i) who had less than two years to retire on the date from which he has been missing; or
(ii) who is suspected to have committed fraud, or suspected to have joined any terrorist organisation or suspected to have gone abroad.
(c) Compassionate appointment in the case of a missing Government servant also would not be a matter of right as in the case of others and it will be subject to fulfillment of all the conditions, including the availability of vacancy, laid down for such appointment under the scheme;
(d) While considering such a request, the results of the Police investigation should also be taken into account; and
(e) A decision on any such request for compassionate appointment should be taken only at the level of the Secretary of the Ministry/Department concerned.
12. PROCEDURE
(a) The proforma as in Annexure may be used by Ministries/Departments/ Offices for ascertaining necessary information and processing the cases of compassionate appointment.
(b) The Welfare Officer in each Ministry/Department/Office should meet the members of the family of the Government servant in question immediately after his death to advise and assist them in getting appointment on compassionate grounds. The applicant should be called in person at the very first stage and advised in person about the requirements and formalities to be completed by him.
(c) An application for appointment on compassionate grounds should be considered in the light of the instructions issued from time to time by the Department of Personnel and Training (Establishment Division) on the subject by a committee of officers consisting of three officers – one Chairman and two Members – of the rank of Deputy Secretary/ Director in the Ministry/Department and officers of equivalent rank in the case of attached and subordinate offices. The Welfare Officer may also be made one of the Members/Chairman of the committee depending upon his rank. The committee may meet during the second week of every month to consider cases received during the previous month. The applicant may also be granted personal hearing by the committee, if necessary, for better appreciation of the facts of the case.
(d) Recommendation of the committee should be placed before the competent authority for a decision. If competent authority disagrees with the committee’s recommendation, the case may be referred to the next higher authority for a decision.
13. UNDERTAKING
A person appointed on compassionate grounds under the scheme should give an undertaking in writing (as in Annexure) that he/she will maintain properly the other family members who were dependent on the Government servant/member of the Armed Forces in question and in case it is proved subsequently (at any time) that the family members are being neglected or are not being maintained properly by him/her, his/her appointment may be terminated forthwith.
14. REQUEST FOR CHANGE IN POST/PERSON
When a person has been appointed on compassionate grounds to a particular post, the set of circumstances, which led to such appointment, should be deemed to have ceased to exist. Therefore, --
(a) he/she should strive in his/her career like his/her colleagues for future advancement and any request for appointment to any higher post on considerations of compassion should invariably be rejected.
(b) an appointment made on compassionate grounds cannot be transferred to any other person and any request for the same on considerations of compassion should invariably be rejected.
15. SENIORITY
(a) The inter-se seniority of persons appointed on compassionate grounds may be fixed with reference to their date of appointment. Their interpolation with the direct recruits/promotees may also be made with reference to their dates of appointment without disturbing the inter-se seniority of direct recruits/promotees.
(b) Date of joining by a person appointed on compassionate grounds shall be treated as the date of his/her regular appointment.
16. GENERAL
(a) Appointments made on grounds of compassion should be done in such a way that persons appointed to the post do have the essential educational and technical qualifications and experience required for the post consistent with the requirement of maintenance of efficiency of administration.
(b) It is not the intention to restrict employment of a family member of the deceased or medically retired Group ‘D’ Government servant to a Group ‘D’ post only. As such, a family member of such Group ‘D’ Government servant can be appointed to a Group ‘C’ post for which he/she is educationally qualified, provided a vacancy in Group ‘C’ post exists for this purpose.
(c) The Scheme of compassionate appointments was conceived as far back as 1958. Since then a number of welfare measures have been introduced by the Government which have made a significant difference in the financial position of the families of the Government servants dying in harness/retired on medical grounds. An application for compassionate appointment should, however, not be rejected merely on the ground that the family of the Government servant has received the benefits under the various welfare schemes. While considering a request for appointment on compassionate ground a balanced and objective assessment of the financial condition of the family has to be made taking into account its assets and liabilities (including the benefits received under the various welfare schemes mentioned above) and all other relevant factors such as the presence of an earning member, size of the family, ages of the children and the essential needs of the family, etc.
(d) Compassionate appointment should not be denied or delayed merely on the ground that there is reorganisation in the Ministry/Department/ Office. It should be made available to the person concerned if there is a vacancy meant for compassionate appointment and he or she is found eligible and suitable under the scheme.
(e) Requests for compassionate appointment consequent on death or retirement on medical grounds of Group ‘D’ staff may be considered with greater sympathy by applying relaxed standards depending on the facts and circumstances of the case.
(f) Compassionate appointment will have precedence over absorption of surplus employees and regularisation of daily wage/casual workers with/without temporary status.
(g) Any request to increase the upper age-limit of 55 years for retirement on medical grounds prescribed in para 2(A) (b) and (c) above in respect of Group ‘A’/’B’/’C’ Government servants and to bring it at par with the upper age-limit of 57 years prescribed therein for Group ‘D’ Government servants on the ground that the age of retirement has recently (May, 1998) been raised from 58 years to 60 years for Group ‘A’/’B’/’C’ Government servants (which is at par with the age of retirement of 60 years applicable to Group ‘D’ Government servants) or on any other ground should invariably be rejected so as to ensure that the benefit of compassionate appointment available under the scheme is not misused by seeking retirement on medical grounds at the fag end of one’s career and also keeping in view the fact that the higher upper age-limit of 57 years has been prescribed therein for Group ‘D’ Government servants for the reason that they are low paid Government servants who get meagre invalid pension in comparison to others.
17. IMPORTANT COURT JUDGEMENTS
The ruling contained in the following judgements may also be kept in view while considering cases of compassionate appointment:-
(a) The Supreme Court in its judgement dated April 8, 1993 in the case of Auditor General of India and others vs. G. Ananta Rajeswara Rao [(1994) 1 SCC 192] has held that appointment on grounds of descent clearly violates Article 16(2) of the Constitution; but if the appointment is confined to the son or daughter or widow of the Government servant who died in harness and who needs immediate appointment on grounds of immediate need of assistance in the event of there being no other earning member in the family to supplement the loss of income from the bread winner to relieve the economic distress of the members of the family, it is unexceptionable.
(b) The Supreme Court’s judgement dated May 4, 1994 in the case of Umesh Kumar Nagpal vs. State of Haryana and others [JT 1994(3) S.C. 525] has laid down the following important principles in this regard:
(i) Only dependents of an employee dying in harness leaving his family in penury and without any means of livelihood can be appointed on compassionate ground.
(ii) The posts in Group ‘C’ and ‘D’ (formerly Class III and IV) are the lowest posts in non-manual and manual categories and hence they alone can be offered on compassionate grounds and no other post i.e. in the Group ‘A’ or Group ‘B’ category is expected or required to be given for this purpose as it is legally impermissible.
(iii) The whole object of granting compassionate appointment is to enable the family to tide over the sudden crisis and to relieve the family of the deceased from financial destitution and to help it get over the emergency.
(iv) Offering compassionate appointment as a matter of course irrespective of the financial condition of the family of the deceased or medically retired Government servant is legally impermissible.
(v) Neither the qualifications of the applicant (dependent family member) nor the post held by the deceased or medically retired Government servant is relevant. If the applicant finds it below his dignity to accept the post offered, he is free not to do so. The post is not offered to cater to his status but to see the family through the economic calamity.
(vi) Compassionate appointment cannot be granted after lapse of a reasonable period and it is not a vested right which can be exercised at any time in future.
(vii) Compassionate appointment cannot be offered by an individual functionary on an ad-hoc basis.
(c) The Supreme Court has held in its judgement dated February 28, 1995 in the case of the Life Insurance Corporation of India vs. Mrs Asha Ramchandra Ambekar and others [JT 1994(2) S.C. 183] that the High Courts and Administrative Tribunals can not give direction for appointment of a person on compassionate grounds but can merely direct consideration of the claim for such an appointment.
(d) The Supreme Court has ruled in the cases of Himachal Road Transport Corporation vs. Dinesh Kumar [JT 1996 (5) S.C. 319] on May 7, 1996 and Hindustan Aeronautics Limited vs. Smt A. Radhika Thirumalai [JT 1996 (9) S.C. 197] on October 9, 1996 that appointment on compassionate grounds can be made only if a vacancy is available for that purpose.
(e) The Supreme Court has held in its judgement in the case of State of Haryana and others vs. Rani Devi and others [JT 1996(6) S.C. 646] on July 15, 1996 that if the scheme regarding appointment on compassionate ground is extended to all sorts of casual, ad-hoc employees including those who are working as Apprentices, then such scheme cannot be justified on Constitutional grounds.
[Sourcce : Dopt order No.14014/6/94-Estt(D) dated on 09/10/1998 - Scheme for Compassionate Appointment]

12.12.2012 : Government constituted a Committee in July, 2012, headed by Cabinet Secy for looking into the pay and pension related issues of relevance to Defence service personnel and Ex-servicemen. The Committee submitted its report on issues namely OROP-Bridging the gap in pension, Enhancement of family pension, Dual Family Pension and Family pension to mentally / physically challenged son/ daughter of armed forces personnel on marriage. The recommendations have been accepted by the Government and are in the process of implementation.
In view of existing mechanism available for redressal of grievances of ex- servicemen, there is no proposal to constitute an Ex-servicemen Commission. Directorate General Re-settlement (DGR), KendriyaSainik Board (KSB), and Ex-servicemen Contributory Health Scheme (ECHS) at the Central level and Rajya Sainik Boards (RSBs) and Zila Sainik Welfare offices at the State and District level are already in place to look after the re-settlement and welfare of Ex-servicemen.
This information was given by Minister of State for Defence Shri Jitendra Singh in a written reply to Shri Mahendra Singh Mahrain Rajya Sabha today.
HS/HH/NN
(Release ID :90431)
==============================================================================
Welfare Schemes for Ex-Servicemen
As per the information available, there are 22,96,134 ex-servicemen registered in Rajya and ZilaSainik Boards in the country. The likely expenditure during the year 2012-13 for the various welfare schemes of ex-servicemen would be Rs. 1527.19 Crore.
Ministry of Defence does not administer any organisation by the name of Ex- Scrvicemen Welfare Council. KendriyaSainik Board, headed by Raksha Rajya Mantri, is the apex body, to look after the welfare of Ex-servicemen.
This information was given by Minister of State for Defence Shri Jitendra Singh in a written reply to Shri Mohan Singh in Rajya Sabha today.
HS/HH/NN
(Release ID :90434)
================================================================================
Condition of Families of Defence Personnel
Department of Ex-servicemen Welfare under the MOD is the nodal Department to look after the welfare of all categories of Ex-servicemen including war veterans. Its three attached offices namely Directorate General of Resettlement (DGR), KendriyaSainik Board (KSB) and Ex-Servicemen Contributory Health Scheme (ECHS) are working in this direction. Besides this, Record Offices, local formations / units have systems in place to periodically interact formally and informally with the families of defence personnel killed in military operations.
Number of soldiers of the State of Andhra Pradesh killed on duty during the last three years are as under:
Year/Army/Navy/Air Force
2009 /03/ 0/0
2010 /02 /0 / 0
2011 /02 /0 / 0
Various benefits / compensation are provided to the next of the kin (NoK) of the deceased personnel as per rules. These include Liberalised Family Pension, Death Gratuity, Ex-Gratia payment, payments from Army Group Insurance Fund, Army Wives Welfare Association Fund, Army Officer Benevolent Fund and Army Central Welfare Fund.
This information was given by Defence Minister Shri AK Antony in a written reply to Shri Dr. T. Subbarami Reddyin Rajya Sabha today.
HS/HH/NN
(SOURCE - PIB)

Defence Minister AK Antony on Saturday said government is committed to the welfare of defence personnel and ex-servicemen. Addressing the "Army Mela' at nearby Pangode military camp,Antony said the pension of ex-servicemen would be revised with a total commitment of Rs2300 crore. "Order in this regard would be issued next month",Antony said, adding, in 2009, after he took over as Defence Minister, the pension for ex-servicemen was revised with a total outlay of Rs2300 crore.This increase happened after the sixth pay commission recommendations," he said.

Stating that it was the government's responsibility to look after the welfare of defence personnel and ex-servicemen, Antony said peace prevailed in the country due to dedication and vigilance of 'our armed forces' to protect boundaries.
"Centre not only extends assistance to armed forces in imparting training and equipping it with modern weapons, but also equally gave importance of personnel's welfare," he said.

Antony said Indian defence has 13 lakh personnel and out of this 11 lakh were in the Army. Besides this,India has Coast Guard and Territorial Army strength of 23 lakh and 14 lakh NCC cadres who assist defence forces in times of need, he said. Antony also said India was able to overcome various crises since Independence mainly due to the strength and dedication of defence forces.

The Army has organised an exhibition of ammunition and other armaments as part of the mela titled 'Know your Army'. The army personnel also displayed their adventurous skills during the occasion,which witnessed huge public participation.

Union Minister of State for HRD Shashi Tharoor, top South-Indian actor and Lt Col in Territorial Army Mohanlal were among those present. GOC in Chief Southern Army Command Lt General A K Singh welcomed the audience.

Thursday, December 6, 2012

This information was stated by the Minister of State in the Ministry of Defence Shri.Jitendra Singh in written reply to a question by Shri.Prakash Keshav Javadkar in the Rajya Sabha on 5.12.2012.

Government has always been sensitive to the demand of One Rank One Pension. Keeping in view the spirit of the demand, several Commissions / Committees were appointed. Though the demand was not accepted, their recommendations resulted in improving the pension of past pensioners.

A Committee was set up under the Chairmanship of the Cabinet Secretary in June, 2009. The Committee went into the demand and other related issues. It made seven recommendations aimed at narrowing the gap between earlier and current pensions. This has benefited about 12 lakh retired PBORs / Officers at an annual cost of Rs.2200/- crores approximately.

Government constituted another Committee in July, 2012, headed by Cabinet Secretary for looking into the pay and pension related issues of relevance to Defence service personnel and Ex-servicemen. The Committee submitted its report. Its recommendations have been accepted by the Government and are in the process of implementation.

Substantial improvements have been made in the pensions of Armed Forces Personnel after 01.01.2006. However, improvement of pensionary benefits is an ongoing process.

Wednesday, December 5, 2012

Tuesday, October 30, 2012

(To be published In the Gazette of India, Extraordinary Part II, Section 3 Sub section (i)]

Government of India

Ministry of Personnel, Public Gnevances and Pensions

NOTIFICATION

New Delhi. dated the 4th October. 2012

G.S.R. - In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Ex-servicemen (Re—employment In Central Civil Services and Posts) Rules, 1979, namely :-

(1) These rules may be called the Ex-servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules, 2012,(2) They shall come into force from the date of their publication in the Official Gazette,.

2. In the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979

(I) In rule 2, for clause (c), the following clause shall be substituted, namely:

(c) An ex-serviceman means a person -

(i) who has served in any rank whether as a combatant or non combatant in the Regular Army, Navy and Air Force of the Indian Union, and

(a) who either has been retired or relieved or discharged from such service whether at his own request or being relieved by the employer after earning his or her pension; or

(b) who has been relieved from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or

(c) who has been released from such service as a result of reduction in establishment.;

or

(ii) who has been released from such service after completing the specific period of engagement, otherwise than at his own request, or by way of dismissal, or discharge on account of misconduct or inefficiency and has been given a gratuity; and includes personnel of the Territorial Army, namely, pension holders for continuous embodied service or broken spells of qualifying service:

or

(iii) personnel of the Army Postal Service who are part of Regular Army and retired from the Army Postal Service without reversion to their parent service with pension, or are released from the Army Postal service on medical grounds attributable to or aggravated by military service or circumstance beyond their control and awarded medical or other disability pension;

or

(iv) Personnel, who were on deputation in Army Postal Service for more than six months prior to the 14th April, 1987:

or

(v) Gallantry award winners of the Armed forces including personnel of Territorial Army;

"3. Application - These rules shall apply to all the Central Civil Services and Posts and the posts upto the level of Assistant Commandant in all paramilitary forces".

(3) in rule 4.-

(a) for sub-rule(I), the following sub-rule shall be substituted. namely:-

"(i) Reservation of vacancies: — Ten per cent of the vacancies in the posts upto of the level of the Assistant Commandant in all para-military forces, ten per cent of the vacancies in Group ‘C’ posts: and twenty per cent of the vacancies in Group ‘D’ posts, including permanent vacancies filled initially on a temporary basis and temporary vacancies which are likely to be made permanent or are likely to continue for three months and more, to be filled by direct recruitment in any year shall be reserved for being filled by exservicemen."

(b) for sub-rule(2), the following sub-rule shall be substituted, namely:

"(2) The Scheduled Castes, the Scheduled Tribes and the Other Backward Class candidates selected against the vacancies reserved for ex-servicemen shall be adjusted against vacancies reserved for Scheduled Castes, Scheduled Tribes arid Other Backward Classes,respectively:

Provided that if a the Scheduled Caste or the Scheduled Tribe or the Other Backward Class ex-servicemen is selected against the vacancy reserved for ex-servicemen and vacancy reserved for the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes, as the case may be, is not available to adjust such ex serviceman, he shall be adjusted in future against the next available vacancy reserved for the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes, as the case may be".

(c) after sub-rule (3), the following proviso shall be substituted namely:

"Provided that in case of recruitment to the vacancy reserved for Ex-servicemen in the Central Para Military Forces, the reserved vacancy remained unfilled due to non-availability of eligible or qualified candidates, the same shall be filled by candidates from non-ex-servicemen category”.

(4) for rule 5, the following rule shall be substituted, namely:

"(5) (a) For appointment to vacancies in Group B(Non-Gazetted), Group C or Group D posts in Central Government, an ex-serviceman shall be allowed to deduct the period of actual military service from his actual age and if the resultant age does not exceed the maximum age limit prescribed for the post for which he is seeking appointment by more than three years, he shall be deemed to satisfy the condition regarding age limit.

(b) For appointment to any vacancy in Group A and Group B services or posts filled by direct recruitment otherwise than on the results of an Open All India Competitive Examination, the upper age limit shall be relaxed by the length of military service increased by three years in the case of ex-servicemen and commissioned officers including Emergency Commissioned Officers or Short Service Commissioned Officers.

(c) For appointment to any vacancy in Group A and Group B services or posts filled by direct recruitment on the results of an All India Competitive Examination, the ex-servicemen and Commissioned Officers including Emergency commissioned Officers or S S C Officers who have rendered atleast five years military services and have been released -,

(i) on completion of assignment (including those whose assignment due to be completed within one year) otherwise than by way of dismissal or discharge on account of misconduct or inefficiency or

(ii) on account of physical disability attributable to military service or on invalidment, shall be allowed maximum relaxation of five years in the upper age limit.

[File No.36034/I/06-Estt(SCT)]

sd/-

(Manoj Joshi)

Joint Secretary to the Government of India

Note.- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section3, Sub- section (1), vide number G.S.R 1530, dated the 15th December, 1979 and subsequently amended by G.S.R. 973 dated 27th October, 1986, and was last amended by notification No. G.S.R.333(E), dated 27th March, 1986.

Sunday, December 2, 2012

Dear Colleagues,The planned IESM rally was held at Jantar Mantar On December 01. We had advertised the rally widely and great hype had been built up. Unfortunately the attendance of around 3000 was much below expectations. Thankfully, the enthusiasm of those present did overcome the lack of numbers to some extent. As a policy of gradual escalation a vehicle with medals mounted on it has been prepared and is scheduled to go around Delhi and NCR during the coming days. The vehicle was parkedThe vehicle was parked on site and drew great appreciation from all. There were many enthusiastic speakers that took the mike and spoke their mind on government’s repeated stonewalling our demand of OROP. Unfortunately, this upset our time schedule and we had to call off our planned march – along with the medal vehicle – on roads around Connaught Place. On 02 December was the General Body meeting and the elections. There was no voting and all the old members of the Governing Body have been returned unopposed. Colonel KK Malhotra, Hony Captains Bhim Singh and Nagender Singh are the new members of the team. The General Body reaffirmed its resolve to continue with the struggle till our demands are met.

The pension enhancement coming out of the of Rs 2300 Crore that the Govt has sanctioned is expected to be announced by 15 December 2012.

(e-MAIL SENT By Gen Raj Kadyan to BCV on chatroll of Indian military....blog)

Based on Kerala High Cour Order dated 05.10.1998, Ministry of Defence has ordered that affected officers of the armed forces in conformity with the orders of the Kerala High Court order dated 5.10.1998 in the case of Maj A.K.Dhanapalan versus Union of India & other should be given revised pay without deduction of rank with effect from 01.01.1986

To
The Chief of Army Staff The Chief of Air Staff The Chief of Naval Staff
Subject: Implementation of Supreme Court order dated 4.9.2012 in IA No. 9 of 2010 in Transfer Petition ( C) No. 56 of 2007— Union of India and others versus N.K.Nair & others, etc,etc.
Sir,

In compliance of the Supreme Court order dated 4.9.2012 on the above subject. I am directed to convey that the Government of India has decided to refix the pay without deduction of rank pay w.e.f. 1.1.1986 in respect of the affected officers of the armed forces in conformity with the orders of the Kerala High Court order dated 5.10.1998 in the case of Maj A.K.Dhanapalan versus Union of India & others.

2. Instructions regarding the modalities and methodology of payment to the affected officers of the armed forces and the provisioning of funds for the same are being issued separately in consultation with Service Hqrs, CGDA, Defence (Finance) and Ministry of Finance.

3. This issues with the concurrence of Ministry of Defence (Finance) vide their Dy. No.5554/FA/DS dated 23.11.2012.

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